Personally I'm broadly in favour of introducing this legislation. I find it intolerable that we allow suffering of human beings where this is no realistic hope of improvement or relief of that suffering before their likely death a short period of time later. This law appears to offer a way out of that position. I certainly have concerns. It seems to me that something has gone wrong with the way that similar laws have been implemented in Canada. Canada appears to have ended up in a situation in which chronic but not necessarily life ending conditions have come within scope. This clearly gives rise to arguments about people ending their life to avoid being a burden, something which doesn't apply in the same way, in my opinion, to someone with a terminal illness where death is expected within a short period of time. However, our proposed law is not the same as their law and I feel it strikes the correct balance between allowing someone the right to make decisions about their own life and bring it to an end in a controlled and humane way but not making it too easy to end their life.
The proposed law tightly restricts access and puts clear guard rails in place. By my understanding in order to be able to even begin to trigger this law a person must:
1) Have the capacity to make the decision themselves; and
2) Is aged 18 or over; and
3) Is ordinarily resident in England or Wales and has been so for at least 12 months; and
4) Is registered with a GP within England or Wales; and
5) Is terminally ill which is defined as being an inevitably progressive illness, disease or medical condition which cannot be reversed by treatment, and their death in consequence of that illness, disease or medical condition can reasonably be expected within 6 months.
An explicit carve out is made which explicitly says that someone cannot be terminally ill if their conditions are either a mental disorder (as defined by the Mental Health Act 1983) or a disability as defined within the Equality Act 2010.
Throughout the whole process at multiple different steps the person has to have a clear, settled and informed wish to end their own life, and has made the decision that they wish to end their own life voluntarily and has not been coerced or pressured by any other person into making it.
Presuming the above is true then that opens the door to an initial discussion with their medical practitioner (who is both under no obligation to suggest such a discussion on their own nor to enter into that discussion if they do not wish to) during which they must be told about their diagnosis and prognosis, any treatments available their likely effects as well as any available palliative, hospice or other care, including symptom management and psychological support.
Assuming that they wish to go ahead at that point they will need to make a first declaration in a prescribed format as laid down within the law which declares that they wish to have assistance to end their life, that they're eligible for that assistance, that they're not being coerced and it's voluntary, that they understand they'll need to be assessed and that they can change their mind at any time. This is witnessed by both their doctor and another person.
At that point the doctor then is required to carry out an assessment to satisfy themselves that the patient is terminally ill, has capacity to make the decision to end their own life, was aged 18 or over at the time the declaration was made, is ordinarily resident in England and Wales and has been so resident for at least 12 months, is registered as a patient with a GP practice in England or Wales, has a clear, settled and informed wish to end their own life, made the first declaration voluntarily and has not been coerced or pressured by any other person into making it. They then sign a declaration to that effect and refer it onto an other independent doctor who must also satisfy them as to the mentioned requirements but only after at least seven days have passed to allow the person to reflect. Both doctors are also required to consider medical records, speak to the person their diagnosis, prognosis, any treatments available their likely effects as well as any available palliative, hospice or other care, including symptom management and psychological support as well as the nature of the substance to be used to bring about their death and how it works.
Once all of that has been done and signed off an application must be made to the High Court for them to sign off and agree that all of the above has been done, that all the various factors that have been gone over by the medical professionals are satisfied (i.e. they're old enough, they're not being coerced, they're terminally ill, etc etc) and must, in person, question one or both of the doctors who have made their declarations. If the High Court sign off then a second fourteen day period of reflection comes into effect.
After those fourteen days then a second declaration can be made, again witnessed by the doctor and another person, that the individual wishes to end their life. The doctor has to again confirm that the person remains terminally ill, competent to make the decision, has a settled intent to end their life and is not being coerced. Then, finally, they can be provided with life ending substances (but the doctor cannot administer this, only provide it). Once they have died the doctor has to make a final statement basically confirming that the law has been followed, the various dates of the declarations and decisions and when it was administered. This is entered into the medical file.
It is a long process with multiple checks on the way to ensure that it is a process that is not abused. For instance if the second doctor refuses to certify, then you can go to one other doctor but if they also refuse you'd have to start again with a fresh declaration. And I reckon questions would be asked if you tried to do go again by the High Court if it got that far in the second attempt.
This is, in my opinion, a well considered law which will go a long way to relieving suffering that can be avoided whilst not creating a charter for people to either end their life because they feel like burden or being coerced into doing so for whatever reason by actors with ill intent. I hope it passes.
Should the public vote decide?
I'm not sure that Referendum's should ever be used on such complex matters. I increasingly take the view of my grandfather who was opposed to referendum's on the basis that we vote every four/five years for representatives to deal with these matters for us. Them kicking it back to the public via a referendum is a abrogation of their responsibility. I think there's a place for Citizens Assemblies to allow the legislature/politicians to get an understanding of what the public think and what choices/options they may have a preference for. But a straight up/down referendum on a subject like this is I think is a terrible idea as it is on basically any topic.